Doctors` License-fee Law Protested

February 7, 1985|By Stephen J. Cohen, Staff Writer

ATLANTIS — Unless the current law regulating license fees is revised, it could fail a court challenge being threatened by disgruntled doctors of John F. Kennedy Memorial Hospital, City Attorney Donald Sasser told the City Council Wednesday night.

The hospital lies within Atlantis. But many of the approximately 220 doctors on staff at JFK have their offices outside the city. Faced for the first time with a city order that they each pay an annual $62.50 license fee, most have balked.

Dr. D.L. Van Eldik of Atlantis, who has a Lake Worth office and practices at JFK, told council members the issue was one of principle, not money.

``We are prepared to go to the wall if we have to because this ordinance is illegal,`` the doctor said. ``They think that all doctors are rich and they want to get revenue they need by taxing doctors. We will go to the Supreme Court if necessary,`` he vowed, adding that he was speaking for himself, not as a spokesman for the JFK physicians.

JFK doctors who don`t have offices in Atlantis have hired Martin Flanagan, with the West Palm Beach law firm of Jones and Foster, to represent them.

Van Eldik said many doctors are on the staffs of as many as 10 hospitals. If forced to pay such fees at each, these add up, he said.

City officials disputed that, doubting that many, if any, doctors are on staff at 10 hospitals in this area.

Sasser submitted a proposed revision to the existing ordinance which, if enacted, would make the city`s action ``legally defensible in court,`` he said. An old Supreme Court case, which still applies, established a city`s right in Florida to levy occupational license fees against doctors, he said.

Doctors have charged the city`s law is illegal because only the state can regulate doctors.

But while the state regulates doctors, cities can require occupational license fees for doctors to practice there, Sasser said. This is done for gardeners and other business people within a city, he explained.

Until last fall Atlantis had enforced the license-fee law against most other business people, but not doctors. A budget crunch last fall forced the council to find new funding sources.

As much as $13,000 could be raised by taxing doctors each year, city officials have estimated.

Mayor Joe Veaner said the council should carefully consider the issue and Sasser`s proposal at its next meeting, Feb. 20.

Refusing to be intimidated by Van Eldik`s threats, Veaner nonetheless pointed out ``the only winners in a lengthy lawsuit would be the lawyers for both sides. I would rather be right and fair, and there is no sense spending $50,000 to collect ($10,000 or so),`` Veaner said.

``We do not want to discriminate against doctors or anyone else, although I fail to see the justification right now for leaving the doctors out,`` Veaner stressed.